특정경제범죄가중처벌등에관한법률위반(배임)등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for 6 years, for 3 years and 6 months, for 2 years and for 2 years.
1. Summary of grounds for appeal;
A. Each sentence sentenced by the court below to the above defendants A, B, and D (unfair sentencing) (the 8 years of imprisonment, the 5 years of imprisonment, and the 3 years of suspended execution in the 2 year of imprisonment) is too unreasonable.
B. Defendant C1’s misunderstanding of the facts [the part as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment)] Defendant C did not know of the difference between the price of the goods purchased from the manufacturer of W Co., Ltd. (hereinafter “W”) and the price of the goods purchased by N Co., Ltd. (hereinafter “N”), and accordingly, there was no perception that W would obtain property benefits equivalent to the difference from W in violation of his occupational duties and cause property damage equivalent to N Co., Ltd.
Nevertheless, the court below found the defendant guilty as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (abstinence) among the facts charged against the defendant, and there is an error of law by mistake.
2) The punishment sentenced by the lower court to Defendant C (two years of imprisonment) is too unreasonable.
(c)
The prosecutor (unfair sentencing for each of the Defendants) that the lower court sentenced the Defendants to each of the punishment is too uneasible and unfair.
2. Determination
A. In light of the following circumstances acknowledged by the lower court as to the Defendant C’s assertion of mistake of facts, it can be sufficiently recognized that the Defendant C, as indicated in this part of the facts charged, was aware of the fact that “The Defendant A provided goods to be supplied by the victim N for the purpose of generating W operating income, but provided goods through W at least two times the purchase price of the goods, thereby generating profits, and causing considerable damage to the victim N, by facilitating the crime, such as handling the relevant accounting affairs, and executing the funds.”